Starr v. . Starr
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 1, 1889, which modified by reversing a judgment of partition and for an accounting of rents, entered upon the report of a referee, so far as it imposed any liability upon the defendant Sarah M. Starr. The nature of the action and the facts, so far as material,, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 1, 1889, which modified by reversing a judgment of partition and for an accounting of rents, entered upon the report of a referee, so far as it imposed any liability upon the defendant Sarah M. Starr. The nature of the action and the facts, so far as material,, are stated in the opinion. The General Term erred in holding that by testator’s failure to make any allusion in the fourth clause to the payment of taxes, etc., upon the ■ one-third of the premises in…
1Opinion of the CourtHaight, J.
This action ivas brought for a partition and an accounting for the rents of the premises known as No. 7 Great Jones street and No. 5 Barclay street in the city of New York.
On December 3, 1856, Nathan Starr died seized and possessed of these premises. He left a last will and testament •the material portions of which are as follows:
“ Fourth. I give and bequeath to my wife, Sarah Maria, the use and income of one-third part of my house and lot of land situate and lying in the city of New York and known as No. 7 Great Jones street; also one-third of the use and income of my store and lot of land…
2Cases cited1 opinion
- Pond v. BerghNew York Court of Chancery · 1843
3Cited by22 opinions
- In re BassfordAppellate Division of the Supreme Court of the State of New York · 1922
- In re the Judicial Settlement of the Account of SolomonAppellate Division of the Supreme Court of the State of New York · 1914
- In re the Will of JergeNew York Surrogate's Court · 1943
- Eidt v. EidtAppellate Division of the Supreme Court of the State of New York · 1911
- Ellery v. Washington Loan & Trust Co.Court of Appeals for the D.C. Circuit · 1940
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